Messina v. St. Paul's High School

In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Collins, J.), entered October 6, 1987, which, after a hearing, denied his motion to strike the affirmative defense of lack of personal jurisdiction asserted in the answer of the defendant Williams and granted the cross motion of that defendant to dismiss the complaint as against him.

Ordered that the order is affirmed, with costs.

The evidence was sufficient to support the hearing court’s determination that service was not made at the respondent’s "dwelling…